Tue, Feb 28, 2017 | updated 07:54 PM IST

DDA issues clarrifications Transit Oriented Development regulations

Updated: Jul 13, 2016 19:33 IST

New Delhi, July 13 (ANI): The Delhi Development Authority (DDA) today issued a clarrifcation on its Transit Oriented Development (TOD) policy and regulations.

In a statement, the DDA said, "It has been reported in several dailies on 13.7.2016 that the Transit Oriented Development (TOD) Policy/Regulations framed by Delhi Development Authority would benefit the private builder lobby while depriving public, semi-public and transportation plots owned by government agencies. In this connection, it is stated that the provisions of the TOD Policy/Regulations have been misunderstood and the apprehension expressed in these news items are contrary to the facts. In the entire TOD Policy/Regulations the balance is in favour of government agencies and not the private sector. This is borne out by the following details:-

The DDA said, "The contention of these news items is based on misinterpretation of provisions contained in para-6 under table 12.8 of the proposed modifications in the TOD Policy of Master Plan for Delhi- 2021 which reads:-

"In case of transportation and public and semi-public facility plots, the development control norms shall be as per the use premises prescribed in lease conditions".

This condition has been proposed specifically for facility plots and plots allotted for transportation and public, semi-public use. If lease conditions are not imposed then private allottees who have been allotted land by DDA or L&DO on concessional rates in the past shall change the use of the premises and get windfall gains and at the same time the facilities will get reduced.

As far as Para-4 of the above referred table 12.8 of the proposed modifications in the MPD is concerned, the following provisions have also been made:-

"Minimum requirement for 30% residential and 5% commercial will not be binding on transportation, government and PSP land uses".

3) The proposed FAR of 400 is applicable to all usage in the TOD zone. Further for transportation and public, semi-public use it will be guided by the lease conditions. In the last 60 years since DDA came in, a large number of plots have been allotted to non-government organizations under public and semi-public facility at concessional rates to provide basic services like education, health and social infrastructure to weaker sections. Since such non-government bodies cannot be allowed windfall gain by diverting public/semi-public facility plots from public domain to residential, commercial, industrial and mixed-use in the private domain, para-6 of the TOD Regulations has been explicitly included. This implies that the lessor viz DDA or L&DO, shall examine each case on the basis of original terms of allotment and then take a call in the interest of public to ensure that the area under public and semi-public facility does not get diverted to residential, commercial and mixed-use.

4) When read in entirety, this stipulation provides more flexibility to the government vis-a-vis the private players because while the minimum requirement will be binding on others, it is not binding on transportation, government and PSP land uses.

5) Moreover, when the FAR increases to 400, it would lead to densification of the area and thus increase the pressure on the public utility and services which fall under the transportation and public/semi-public facility. To ensure that higher FAR and densification do not lead to chaos, the requirement of area under public/semi-public facility shall obviously have to be much more than at present. Since land acquisition is now virtually impossible, this additional area shall have to be provided from the existing kitty.

6) That the balance is in favour of government is further borne by the fact that the minimum plot size for government agencies has been kept at 3,000 sqm whereas for the private agencies, it has been kept at 10,000 sqm. To ensure optimal utilization of government lands, DDA Authority in its meeting dated 27.04.2016 has approved enhanced FAR exclusively for the government as follows:-

Existing Development Control Norms

Development Control Norms Approved by DDA Authority on 27.04.2016

FAR

Ground Coverage (%)

FAR

Ground Coverage (%)

1.

District Court, Integrated Office Complex, Government Offices (Central/ State Government/ Local Bodies)

200

30

300

50

2.

Police Outpost

-----

-----

300

75

3.

Police Post/ Fire Post

150/120

35/ 30

300

50

4.

Police Station/ Fire Station

200/120

30

300

50

5.

Police Lines/District Office and Battalion

----/ 120

----/30

300

50

6.

District Jail

120

30

300

50

7.

Police Training Institute / College, Fire Training Institute / College, Disaster Management Centre

120

30

300

50

8.

Police Firing Range, Police camp including Central Police Organization / Security Forces

25

12.5

300

50

7) TOD policy and regulations were put in the public domain twice for the first time in the history of DDA to bring in absolute transparency on 23.02.2016 & 24.04.2016 for 30 days each inviting objections/ suggestions. A number of objections/ suggestions were received from general public and govt. agencies such as DMRC, Indian Railway Station Development Corporation (IRSDC), etc.

8) The objections/ suggestions submitted by DMRC and IRSDC were deliberated in detail in the Authority meeting held on 17.02.2016 and Board of Enquiry and Hearing meetings held on 05.04.2016, 07.04.2016 & 26.05.2016 respectively.

9) The Authority meeting held on 17.02.2016 was duly attended by senior officers from GNCTD, IRSDC, DMRC, Municipal Corporations and DJB viz the Chief Secretary, GNCTD, CEO (IRSDC), CE (Property Development) DMRC, Commissioners of all three Municipal Corporations. The DDA Authority also comprises of four MLAs, two each from AAP and BJP.

10) After hearing the objections and suggestions, the recommendations of the Board of Enquiry and Hearing were approved by the Authority in its meeting held on 10.06.2016 which was again attended by senior officers from GNCTD and Municipal Corporations.

11) The TOD Policy/Regulations have been finalized after open consultations with all stake-holders and tpublic representatives. While re-densification in the TOD Influence Zone is the call of the day, yet to prevent possible chaos, we have to ensure that existing public utilities and services do not come under pressure and instead they are upgraded before the coming in of re-densification which will require much more land under public and semi-public uses and transportation. Since this shall have to be provided by the government agencies, we need to provision it and empower them accordingly. TOD Policy/Regulations clearly bring about this harmony. To ensure that these provisions are not manipulated by the vested interests to the detriment of the general public, particularly the weaker sections, the lessor viz, L&DO and DDA have been empowered to take a final call through amendment of lease conditions.

12) MoUD has on 09.06.2016 amended such lease conditions in favour of DMRC allowing them property development comprising residential, commercial and mixed use upto maximum permissible FAR and reduced their ground rent to mere Rs.1/- .(ANI)

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